United States of America v. Jesus Guerrero

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
JESUS GUERRERO,
Defendant - Appellant.
No. 10-10105
D.C. No. 4:09-cr-01028-DCB
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
David C. Bury, District Judge, Presiding
Submitted February 15, 2011**
Before: CANBY, FERNANDEZ, and M. SMITH, Circuit Judges.
Jesus Guerrero appeals from the 27-month sentence imposed following his
guilty-plea conviction for importing marijuana, in violation of 21 U.S.C. §§ 952(a),
960(a)(1) and (b)(3), and possession with intent to distribute marijuana, in
FILED
FEB 17 2011
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-10105 2
violation of 21 U.S.C. § 841(a)(1) and (b)(1)(C). We have jurisdiction under 28
U.S.C. § 1291, and we affirm.
Guerrero contends that the court procedurally erred by giving undue
deference to the Sentencing Guidelines and by failing to adequately articulate the
reasons for the sentence imposed. The record reflects that the district court did not
procedurally err. See United States v. Carty, 520 F.3d 984, 991-95 (9th Cir. 2008)
(en banc).
AFFIRMED.

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